The TCA have been made aware from Spanish and Portuguese contacts that as a result of new Spanish codes and laws, there may be extensive relief with effect to ‘in perpetuity’ commitments to maintenance fees.
The TCA is led to believe, subject to full confirmation, that if a timeshare contract has been signed in the jurisdiction of Spain, that contract can be ruled upon in Spanish jurisdiction.
If contained within that contract is a term whereby a consumer is compelled to join an unconstituted club, the terms of the club can be elected to be adjudicated, again, in the jurisdiction of Spain, despite the clubs constitutional rules to have the matter dealt with elsewhere.
This is of great interest to English timeshare consumers as in Spain, clubs are not permitted to charge maintenance fees on timeshare contracts which have been relinquished and therefore become delinquent.
To ensure the consumer is fully up to date, the TCA is applying for a further grant from our partners in Poole so as to investigate the information supplied, with a view of releasing it to the timeshare consumer public.
I am absolutely certain that if it transpires that the information supplied is correct, it will be highly welcome by the consumer timeshare community and there may be a reversal of the power and the strangle hold the industry has over the consumers.
Watch this space!
For more information regarding this article or assistance in any other timeshare related issues please contact the TCA on 01908 881058 or email: info@TimeshareConsumerAssociation.org.uk